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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10236
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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We built a home with French construction co of Overland Park

Customer Question

We built a home with Tom French construction co of Overland Park kansas-home is in Lenexa kansas. We have had NUMEROUS problems with the house the most major being windows that were no insulated and leaked cold wind in the winter and bent doors and door frames along with bowed concrete at the door frames. We had these replaced - we have pictures and even letters from installers that installed new for us stating the defects but mr. french refuses to do anything stating he is not responsible. We can't find any one to help us. Cynthia and Ira Fishman
Submitted: 3 months ago.
Category: Real Estate Law
Customer: replied 3 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  CalAttorney2 replied 3 months ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you today.

I am very sorry to learn of this situation.

Unfortunately, in what you posted, I am most concerned with the fact that the law firm you spoke to said that you waited too long to speak with them. Kansas has a very short statute of limitations for construction defect claims (you must file suit within 3 years of the completion of construction).

There is a "statute of repose" that gives you an additional 10 years for what are called "latent defects" (defects that are not obvious or hidden). These claims must be brought within 1 year of being discovered.

Expert:  CalAttorney2 replied 3 months ago.

What you can consider, in lieu of hiring a law firm (as you discussed above, the law firm you spoke to is unwilling to expend their resources on this matter given the risk and the relatively low payout for them), you can consider filing your own lawsuit against the builder on your own "pro per" (without a lawyer).

You will still have the same problems that we discussed above, but you can bring suit without having a law firm involved.

(Do expect to have to put in a lot of time and work - your local law library will be helpful).

You can also try suing the contractor for $4,000.00 in small claims court (where attorneys are not used and the procedure is simplified): http://www.kscourts.org/pdf/small-claims/Small%20Claims%20Procedure.pdf

Short of filing a lawsuit, you can try to mediate the dispute with them - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.

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